S. 37(1)(b) substituted (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(f), Sch. 15 para. 5(2)(a); S.I. 2006/1060, art. 2(1)(d) (with Sch.); S.I. 2006/1535, art. 2(b) (with Sch.)
Words inserted by Housing Act 1974 (c. 44), s. 130, Sch. 13 para. 39(1)(b)
S. 37(1)(d) substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 24(3)(b)
Words in s. 37(1)(d) inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 6 (with art. 6, Sch. 3)
Words in s. 37(1)(d) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 3(3)
Paras. (i) to (iv) substituted for words by Housing Act 1974 (c. 44), s.130, Sch. 13 para. 39(1)(d)
Words in s. 37(1)(ii) substituted (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(f), Sch. 15 para. 5(2)(b); S.I. 2006/1060, art. 2(1)(d) (with Sch.); S.I. 2006/1535, art. 2(b) (with Sch.)
S. 37(2)(b)(ii) repealed by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 194(4), Sch. 12 Pt. II
Words substituted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 194(1), Sch. 11 para. 31
Word in s. 37(2)(c) substituted (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(f), Sch. 15 para. 5(3); S.I. 2006/1060, art. 2(1)(d) (with Sch.); S.I. 2006/1535, art. 2(b) (with Sch.)
S. 37(2)(d) added by Housing Rents and Subsidies Act 1975 (c. 6), s. 17(4), Sch. 5 para. 10(b) and continued by virtue of Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 24(3)(d)
Words repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 3, Sch. 1 Pt. I
Words substituted by Housing Act 1974 (c. 44), s. 130, Sch. 13 para. 39(2)
Words in s. 37(3) substituted (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(f), Sch. 15 para. 5(4); S.I. 2006/1060, art. 2(1)(d) (with Sch.); S.I. 2006/1535, art. 2(b) (with Sch.)
S. 37(3A) inserted by Housing Act 1974 (c. 44), s. 130, Sch. 13 para. 39(3)
Words in s. 37(3A) substituted (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(f), Sch. 15 para. 5(5); S.I. 2006/1060, art. 2(1)(d) (with Sch.); S.I. 2006/1535, art. 2(b) (with Sch.)
Words repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I
Ss. 32(9), 34(7), 37(8), 41(11), 44(3), 46(8) repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I
Words in s. 37(9) repealed (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(f), Sch. 15 para. 5(6), 16; S.I. 2006/1060, art. 2(1)(d)(e) (with Sch.); S.I. 2006/1535, art. 2(b)(c) (with Sch.)
Word inserted by Housing Act 1974 (c. 44), s. 130, Sch. 13 para. 39(4)
S. 37(5) excluded by Conwy Tunnel (Supplementary Powers) Act 1983 (c. 7, SIF 59), s. 14(7)
S. 37(5) modified (5.11.1993) by 1993 c. 42, s. 2, Sch. 2 para. 5(7) (with s. 30(1), Sch. 2 para. 9).
Where a person is displaced from any land in consequence of—
the acquisition of the land by an authority possessing compulsory purchase powers;
the making of a housing order in respect of a house or building on the land;
where the land has been previously acquired by an authority possessing compulsory purchase powers or appropriated by a local authority and is for the time being held by the authority for the purposes for which it was acquired or appropriated, the carrying out of
he shall, subject to the provisions of this section, be entitled to receive a payment (hereafter referred to as a “disturbance payment”) from
where paragraph (a) above applies, the acquiring authority;
where paragraph (b) above applies, the authority who made
where paragraph (c) above applies, the authority carrying out the improvement or redevelopment; and
where paragraph (d) above applies, the housing association carrying out the improvement or redevelopment.
A person shall not be entitled to a disturbance payment—
in any case, unless he is in lawful possession of the land from which he is displaced;
in a case within subsection (1)(a) above, unless either—
he has no interest in the land for the acquisition or extinguishment of which he is (or if the acquisition or extinguishment were compulsory would be) entitled to compensation under any other enactment; or
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in a case within subsection (1)(b) above, if he is entitled to
in a case within subsection (1)(d) above, unless the
For the purposes of subsection (1) above a person shall not be treated as displaced in consequence of any such acquisition
in the case of land acquired under a compulsory purchase order, at the time when notice was first published of the making of the compulsory purchase order prior to its submission for confirmation or, where the order did not require confirmation, of the preparation of the order in draft;
in the case of land acquired under an Act specifying the land as subject to compulsory acquisition, at the time when the provisions of the Bill for that Act specifying the land were first published;
in the case of land acquired by agreement, at the time when the agreement was made;
and a person shall not be treated as displaced in consequence of
For the purposes of subsection (1) above a person shall not be treated as displaced in consequence of
Where a person is displaced from land in circumstances such that, apart from this subsection, he would be entitled to a disturbance payment from any authority and also to compensation from that authority under section 37 of the
Where a person is displaced from any land as mentioned in subsection (1) above but is not entitled, as against the authority there mentioned, to a disturbance payment or to compensation for disturbance under any other enactment, the authority may, if they think fit, make a payment to him determined in accordance with section 38(1) to (3) below.
A disturbance payment shall carry interest, at the rate for the time being prescribed under section 32 of the
This section does not apply to any land which is used for the purposes of agriculture.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In this section “a housing order. . .
This section applies if the date of displacement is on or after 17th October 1972.